06/18/1990 - 00006538,
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THE MINUTEB OF THE REGIILAR MEETING OF THE FRIDLEY CITY COUNCIL OF
JUNE 18, 1990
The Regular Meeting of the Fridley City Council was called to order
at 7:35 p.m. by Mayor Nee.
PLEDGE OF ALLEGIANCE:
Mayor Nee led the Council and audience in the Pledge of Allegiance
to the Flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman
Schneider, Councilman Fitzpatrick and
Councilman Billings
MEMBERS ABSENT: None
APPROVAL OR MINUTES:
COUNCIL MEETING. JUNE 4, 1990:
MOTION by Councilman Fitzpatrick to approve the minutes as
presented. Seconded by Councilwoman Jorgenson. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
ADOPTION OF AGENDA:
The following estimate was added: Modern Heating and Air
Conditioning in the amount of $2,295.00.
MOTION by Councilman Schneider to adopt the agenda with the above
addition. Seconded by Councilman Billings. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
OPEN FORUM, VISITORS:
SWEARING-IN OF POLICE OFFICER, JEFFREY.POTTER:
Mr. James Hill, Public Safety Director, introduced Fridley's new
Police Officer, Jeffrey Potter. He stated that Mr. Potter attended
school in St. Paul, the University of Minnesota, Duluth, and
graduated from Lakewood Community College with a degree in law
enforcement. Mr. Hill also stated that Jeff was employed with the
City as a Community Service officer and will replace offiaer
Friegang.
Mr. Hill administered the Oath of Office to Officer Potter who
received congratulations from the City Council on his appointment.
FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 1990 PAGE 2
, KENNETH WILKINSON, ANOKA COUNTY SHERIFF:
Mr. Wilkinson, Anoka County Sheriff, stated that he appreciated the
opportunity to appear before the Council for the purpose of
continuing communioations between his department and the
communities in which they serve. He stated that their annual
report is nearing completion, and the Council will receive a formal
report of the activities for 1989. Mr. Wilkinson stated that from
his perspective, the working relationship between the Sheriff's
Department and the City of Fridley is excellent. He stated that
Jim Hill has one of the more progressive police forces in the area.
Mr. Wilkinson stated that in the area of criminal investigations,
the Fridley Police Department conducts most of the investigations
of these crimes. He stated that there were 173 felony and gross
misdemeanor cases in 1989 which was down slightly from 1988. He
stated that the number of criminal sexual assault cases County-wide
has declined from last year. He stated that in 1989, there were
35 compared with 46 in 1988.
Mr. Wilkinson stated that drug activity is increasing and, because
of caogerative efforts, there has been success in this area. He
stated that the County made 103 drug related arrests, and they have
seized cocaine, opium, heroine, marijuana, and amphetamines. He
� stated that through March of this year, the drug unit made 30
arrests and conducted 11 search warrants involving cocaine,
marijuana, and amphetamines. He stated that their department has
followed up on 37 drug related leads.
Mr. Wilkinson stated that there was a case involving gambling, and
a Fridley resident was arrested for sports bookmaking and $170,000
in assets was seized. He stated that the polygraph is now a
reality, and Anoka County has been providing this service since
July, 1989. He stated that prior to this time, the only way local
law enforcement agencies could obtain polygraph service was through
a pYivate vendor which was quite costly. He stated that the
polygraph was used in a Fridley child abuse case that brought about
a confession from one of the parents. He stated that the polygraph
also resulted in a con£ession from a suspect in a the£t case.
Mr. Wilkinson stated that the Sheriff's Department provides on-call
crime lab services and assisted with a search warrant where
pornographic material was collected. He stated that they have also
assisted with a suicide investigation and an armed robbery line-up
in which the suspect was found guilty.
Mr. Wilkinson stated that the County provides jail facilities and
booked 8,400 persons in 1989 which was an increase from 7,60o in
1988. He Stated that the Fridley Police Department contributes
� about 16 percent of those persons being booked. Mr. Wilkinson
stated that arrest warrants are increasing. When he took office,
there were about 8,000. They now have over 12,500 arrest warrants.
FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 1990 PAGE 3
� Mr. Wilkinson stated that a new service is the canine unit. This
unit has been assisting many of the police departments, but did
not provide service to Fridley in 1989. He stated that the SWAT
team is also available to assist local law enforcement agencies
when needed. He stated that this service was used last year in
Fridley, and a suspect was arrested and charged with aggravated
assault.
Mr. Wilkinson stated that the County now has a computer on board
and, hopefully, statistics can be provided in a more timely manner.
Mayor Nee stated that he was very impressed with the improvements
in the Sheriff's Department since Mr. Wilkinson has been in office.
Councilman Schneider stated that Mr. Wilkinson has brought a degree
of professionalism to the Sheriff's Department that was really
needed.
Mr. Hill, Public Safety Director, stated that Sheriff Wilkinson has
done a tremendous job in accomplishing the needed improvements in
the Sheriff's Department. He stated that the Police Chiefs in the
County are extremely satisfied with the coordination and
cooperation received from the Sheriff's Department.
� LOCKE LAKE - MARY VASECKA. 6909 HICKORY DRIVE:
Ms. Vasecka, 6909 Hickory Drive, asked about the condition of the
dam at Locke Lake and if it was repairable.
Mr. Flora, Public Works Director, stated that a portion of the
southwest wing wall had collapsed so some work was done by
introducing some filter fabric and large riprap material. He
stated that the dam is repairable, but if the dam cannot be
secured, it could become more expensive to repair.
Ms. Vasecka asked the costs to repair the dam versus the cost to
replace it.
Mr. Flora stated that the cost for repair would be about $100,D00
versus a replacement cost of about $250,000. He stated that if the
dam was replaced it would allow for a better drainage structure
for the lake and some recreational improvements including a canoe
portage.
Ms. Vasecka asked if soil borings had been taken.
Mr. Flora stated that they are waiting for drier weather before
taking the soil borings.
� Ms. Vasecka asked if there were any proposals this evening for
Locke Lake.
FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 1990 PAGS 4
� Mr. Herrick, City Attorney, stated that he has submitted a memo to
Council and made certain recommendations. He stated that he has
completed �he legal research and, basically, he advised Council to
petition the Rice Creek Watershed District (RCWD) under Chapter
112 and urge the RCWD to complete their 509 Plan and qet it
approved by the State Board. He suggested that staff review the
509 Plan as it applies to Locke Lake to determine if there are any
suggestions for amendments prior to the time it is adopted by the
State Board. He stated that he is also recommending council
request the RCWD to pay for engineering costs. He suggested that
the cost of the project be shared by the City; County and,
hopefully, by some State funding; special assessments against
benefitted properties; and ad valorem monies that the RCWD may have
by direct authority through Chapter 112 or Chapter 473. Mr.
Herrick felt the next step is for staff to make recommendations to
Council on the cost sharing which he understands will be done. He
stated that he believed John Flora has a meeting scheduled with the
RCWD engineers where, possibly, some of these items cauld be
discussed.
Ms. Vasecka stated that she understands there are several deadlines
that need to be met as far as the ad valorem and questioned if
there is a time frame in which to submit the petition.
' Mr. Herrick stated that the petition can be submitted by mail to
the Rice Creek Watershed District. He felt it may be possible to
complete the petition within a month. However, it is a lengthy
process to determine what should be included in the petition. He
also stated input is needed from Council on the City's commitment
and what portions may be assessed to the benefited properties. He
stated that, if at all possible, the City should know the amount
of participation from the County and State.
Ms. Vasecka asked the amount spent on weed removal in Moore Lake.
Mr. Flora stated that the work completed at Moore Lake consisted
of some drainage ditch diversion, ponding, harvesting of weeds,
placement of a liner, pier construction, and treatment and aeration
of the water. He stated that the total cost was about $1,000,000.
Mayor Nee stated that the Locke Lake issue has not formally been
submitted to the Council. He stated that City staff is working on
the problem, but nothing has been £ormally presented as an agenda
item for the Council's action. He stated that to discuss this item
at every meeting is not the manner in which it should be handled.
Ms. Vasecka asked if property owners were assessed for any of the
improvements to which Mr. Flora answered in the affirmative.
' Councilman Schneider stated that the City's portion was about
$3Q0,000 through a storm water assessment. He stated that he
understands the Locke Lake residents' concerns. However, at every
FRIDLEY CITY COIINCIL MEETING OF JONE 18. 1990 PAGE 5
, meeting the Council is spending an hour before the meeting
disoussing this item. He stated that Council is working to try and
solve the problem, but felt they are being cross-examined at every
meeting.
Ms. Vasecka stated that she felt they were not getting concrete
answers. She suggested a conference meeting with residents and the
Council.
Councilwoman Jorgenson stated that when this issue is ready to be
presented to the Council it wi11 be placed on the agenda. She
stated that Council is trying to resolve the problem as soon as
possible. However, there is other business in the City which they
must conduct.
Ms. Vasecka stated that she was not familiar with the format.
Aowever, residents on Locke Lake have been waiting since 1972, and
that is the reason they will be present at every meeting. She
stated that if it is a month, they are willing to wait, but she was
told it is a top priority item for the City. She stated that, as
residents, they want to know what they should be doing to insure
something is done and that it is not a forgotten issue.
Councilman Schneider stated that discussions are needed to
' determine how to deal with the problem. He felt the action of the
Council on this issue will probably set a precedent for dealing
with all lakes in the City. He also felt that there needed to be
some consistency but agreed the Locke Lake situation is critical
at this time.
Councilman Fitzpatrick asked if it would be reasonable to expect
the petition to be drafted for the Council meeting on July 23.
Mr. Herrick felt that this would be reasonable. He stated that the
mechanics are quite simple, but what should be contained in the
petition, particularly any proposals as far as financing, will have
to be determined by Council. He stated that alternatives may need
to be explored that would affect the time for finalizing the
petition.
Mr. Burns, City Manaqer, stated that there is a need to complete
the engineering, and it is difficult for the Council to make
recommendations until this is done. He £elt some preliminary
engineering should probably be completed before any specific
recommendations could be submitted.
Mr. Aerrick stated that the question is if this engineering work
needs to be completed before the petition is filed and, if so,
would City staff or a consultant do the preliminary engineering
' work and submit estimates of the cost.
FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 1990 PAGE 6
' Mr. Burns stated that, hopefully, some of these issues would be
discussed when John Flora meets with the engineers of the Rice
Creek Watershed District.
Mayor Nee stated that a format needs to be presented to discuss the
strategy. He stated that he did not know if it is reasonable to
separate the dam, drainage, and sedimentation issues of the
project. He also stated that in looking at the financing, it may
have to be determined which is the priority item and each reviewed
separately.
Mayor Nee stated that he was sorry for the Locke Lake residents'
frustration, but it is not possible to discuss the issue when it
is discussed as an open forum item. He stated that the issue needs
to be presented as a formal agenda item so the Council will have
information available on which to base their action.
ROXANNE BAKER, TAREE-IN-ONE:
Ms. Baker stated that she was a member of the Anoka County
Communications Workshop and requested permission to hold a live
telethon for muscular dystrophy on Labor Day. She stated that the
ETC Board of Directors have given their approval providing
permission is obtained from the Council, Fire and Police
' Departments, Nortel Cable, the Cable Television Commission, area
businesses, and residents. She stated that the Assistant Police
Chief said he would help them with their plans, and area residents
have signed statements concurring with their plans.
Councilman Billings suggested to Ms. Baker that she work with City
staff on their plans in order to comply with the City Code and
ordinances. He stated that if there are any problems, these would
be brought to the Council's attention.
Mayor Nee requested that a letter be submitted on what they are
proposing.
PUBLIC HEARING•
l. CONTINUATION OF PUBLIC HEARING FOR A REZONING REOUEST, ZOA
#90-02 BY FRIDLEY TOWN SQUARE ASSOCIATES:
Mayor Nee re-opened the public hearing that had been continued from
the June 4, 1990 Council meeting. He stated that the hearing had
been continued in order to receive £urther input regarding the
Anoka County Railroad Authority's plans for this site.
Mr. Paul McCarron, Anoka County Commissioner and Chairman of the
Anoka County Regional Railroad Authority (ACRRA), stated that he
� sent a letter on June 14 addressed to Mayor Nee regarding the Anoka
County Regional Railroad Authority's intentions. He stated that
the ACRRA has been working with the City to analyze potential light
FRIDLEY CITY CQUNCIL MEETING OF JIINE 16. 199Q PAGE 7
' rail transit station locations at Mississippi Street. He stated
that this station will provide access from the Fridley area to the
regional LRT system and improve transit service to the entire
Fridley area.
Commissioner McCarron stated that the proposed LRT track location
is on the east side of University Avenue. He stated that at City
staff's request, the ACRRA has been working with the City and the
developer to identify a station location and design in the
northeast quadrant that can accommodate the functional needs of the
LRT station without conflicting with private development
opportunities. He stated that they are also analyzing the
potential for a LRT station and parking in the southeast quadrant
of the University/Mississippi intersection. He stated that
althouqh a final decision of whether or not a LRT station will be
located in the Mississippi area will not be made for several
months, he wanted to assure the Council that it is the ACRRA's
intent to follow the request and wishes of the City Council.
Commissioner McCarron stated that he would like to clarify the
ACR12A's actions to date regarding the Mississippi station. He
stated that the City requested that the Railroad Authority consider
the alternatives that would have the least impact on the City and
school district. He stated that, after analyzing the various
� alternatives, the Railroad Authority voted to authorize the
Railroad Authority Chairman to enter into negotiations for the
acquisition of an easement that would include 21 feet of the
northeast quadrant. He stated that this option would provide
approximately 31 parking spaces and a drop-off area for buses and
vehicles. He stated that the Railroad Authority is only
considering a drop-off area for buses and vehicles and some limited
parking, should a LRT station be located in the northeast quadrant.
Mayor Nee stated that this was his understanding of the Railroad
Authority's plans and thanked Mr. McCarron for this information.
Councilman Billings stated that Mr. McCarron's statement provides
assurances to residents in the neighborhood. He stated that the
eight homes that were once being considered for a LRT park-and-ride
site are in Commissioner McCarron's district so he is not only
speaking as Chairman o£ the Anoka County Regional Railroad
Authority, but as their County Commissioner.
Commissioner McCarron stated that his primary job is performing his
duties as a County Commissioner, and he would not jeopardize this
position by removing eight homes.
Mr. Jack Kirkham, 430 - 67th Avenue, stated that all the residents
in the area bought their homes thinkinq they had protection under
� the City's zoning ordinance. However, the code does provide that
a person may apply for a rezoning. He stated that to his knowledge
most of the residents, except those who have a vested interest, are
FRIDLEY CITY COUNCIL MEETING OF JUNE 18. 1990 PAGE 8
' opposed to this rezoninq. He submitted a petition in opposition
to the rezoning and the removal of any homes for LRT.
MOTION by Councilman Billings to receive Petition No. 10-1990.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
Mr. Jack Kirkham, 430 - 67th Avenue, questioned the assurances they
have received in regard to removal of any homes.
Mayor Nee stated that nothing is absolute. He stated that he did
not believe that anyone could promise that years down the road
something like this may happen.
Mr. Kirkham stated that he was concerned about one or two years
from now.
Councilman Billings stated that at the earliest, a LRT system would
be operable in about seven years. He stated that in discussions
with Commissioner McCarron and the LRT Technical Advisory
Committee, they concurred they would support the City's position
that there would be no park-and-ride on the northeast corner of
Mississippi and University, and the homes between 66th and 67th
Avenues would not be removed to make way for the LRT system. He
' stated that in the future years there may be a different concern,
and Council cannot control a future Counail's action.
Mr. Kirkham, Jr. stated that he wanted to know i£ the residents are
protected by Council if, in the future, the Railroad Authority
decided they wanted the property.
Mayor Nee stated that he felt the history of the Council has been
not to agree to condemnation of residents' property against the
wishes of the owners. He stated that the Railroad Authority has
stated they would not do anything against the Council's wishes.
Commissioner McCarron stated that the Railroad Authority would not
do anything the City does not want done. He stated that once the
LRT system is built, it would be turned over to the MTC for
operation. He stated that under current law, the ACRRA will still
maintain control over acquisition of capital fixtures such as land
and buildings. He stated that as a matter of policy, the ACRRA is
going to concede to the wishes of the City. He stated that he
cannot control what may be done in the future, but believed the
same rationale would be followed.
Mr. Thomson, 411 67th Avenue, stated that he viewed LRT as a
positive issue for the future. He stated that he would like
Commissioner McCarron to share options other than the drop-off at
� Mississippi and university.
FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 1990 PAGB 9
1 Commissioner McCarron stated that there were a variety of options,
one being the Columbia Arena site. He stated that site was not
favorable because of the kinds of traffic patterns. He stated that
another alternative site is in the southeast quadrant of
Mississippi and University, and this option has not been discarded.
Mr. Thayer, 377 - 66th Avenue, asked if any study has been done on
whether the large trailer trucks will be able to maneuver around
this facility and if there is adequate clearance.
Ms. Dacy, Planning Coordinator, reviewed the radius proposed and
stated that there was adequate room to maneuver these trucks.
Mr. Flora, Public Works Director, stated that there are certain
standards for truck movements, and he assumes the developer's
architect used the template criteria.
Mr. Schuette, UCD, stated that their architect used figures and
templates to establish the radius accepted in the industry. He
stated that the design was based on established parameters.
No other persons spoke regarding this proposed rezoning request.
MOTION by Councilman Billings to close the public hearing.
� Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mapor Nee declared the motion carried unanimously and the
public hearing closed at 8:54 p.m.
OLD BUSINESS•
2. ORDINANCE NO. 948 UNDER SECTION 12.06 OF THE CITY CHARTER
DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING
THE SALE THEREOF:
MOTION by Councilman Billings to waive the second readinq of
Ordinance No. 948 and adopt it on the second reading and order
publication. Seconded by Councilman Fitzpatrick. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
3. ORDINANCE NO. 949 UNDER SECTION 12.07 OF THE CITY CHARTER TO
VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY
CODE:
MOTION by Councilman Billings to waive the second reading of
Ordinance No. 949 and adopt it on the second reading and order
publication. Seconded by Councilman Fitzpatrick. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
'
FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 1990 PAGE 10
� NEW BUSINESS:
4. FIRST READING OF AN ORDINANCE APPROVING A REZONING, ZOA #90-
02 B FRIDL Y TOWN S UARE ASSOCIATES:
Ms. Dacy, Planning Coordinator, stated that the S-2 zoning district
is similar to a planned unit development district. She stated that
it is unlike any other district in that Council determines what
types of uses are located in the district based on a redevelopment
plan.
Ms. Dacy stated that staff is recommending first reading of the
ordinance to rezone this property in the northeast quadrant of
Mississippi and University to S-2 with 16 stipulations.
Mayor Nee stated that this rezoning question is very difficult.
He stated that he has given much thought to Mr. Thayer's comment
about not making the same mistake as last time in regard to this
property. He stated that the Planning Commission has recommended
against the rezoning and the Housing and Redevelopment Authority
has recommended approval. He stated that he felt if the rezoning
is approved, there may be several families immediately to the east
of the property that may have some damages. He stated that, on the
other hand, there are several families that had that impact for the
' last 25 years. He stated that many persons are opposed to the
rezoning, but he has also heard from others in the community who
want this site cleaned up. He stated that under an S-2 zoning,
the City has all kinds of discretion in terms of the development
standards. He stated that in weighing the pros and cons, he felt
it would be in the best interests of the City to allow the
rezoning.
Councilman Billings stated that he contacted those property owners
immediately adjacent on 66th Avenue and, unfortunately, the weather
has not cooperated, and he did not get out and communicate with
residents who live further away from this site. He stated persons
several blocks away have signed the petition.
Councilman Billings stated that one of the main concerns is the
fact that, if this project proceeds and if a L12T station is located
on this site, it would necessitate the removal of approximately
eight homes for a park-and-ride. He stated that the information
received from the Anoka County Regional Railroad Authority was that
they are not looking at this option for this site.
Councilman Billings stated that another concern was that the site
was not large enough, and additional homes on Mississippi should
be taken for this project. He pointefl out that the ratio of lot
coverage to buildings is 23 percent for this site and 21 percent
� for Holly Center so these are about the same. He stated that this
site would not be any more over-built than Holly Center. He stated
FRIDLEY CITY COUNCIL MEETING OF JIINE 18, 1990 PAGE 11
� that on the other side of the issue, some residents did not want
a commercial area to encroach into the residential neighborhood.
Councilman Billings felt that if this rezoning is approved, it
would preclude or minimize the future commercial encroachment into
the residential neighborhood. He stated that there would be no
entrances into the residential area from 66th Avenue, and there
should be no increased traffic on 66th Avenue as a result of this
project.
Councilman Billings stated that very few people have an idea what
type of development should be allowed on this site other than to
make it into a park. He stated that because of the close proximity
to University Avenue, this site would not be considered for a park.
He felt that other options would mean several peak periods of
traffic when workers arrive and depart from work. He stated that
the traffic for this project would be staggered rather than two
peak hours, which is probably a better option for this site.
Councilman Billings stated that one of the other comments pertained
to odors. He stated that he does have a stipulation to add
regarding odors being generated from a restaurant or dry cleaning
business in particular.
� Councilman Billings stated that some of the positive aspects of
this rezoning is that development of the site would generate more
taxes for the City, County, and school district. He also felt that
the development would be a visual improvement for the area and City
as a whole.
Councilman Schneider stated that his concern is what other type of
development should be allowed if this is not approved. He felt
that the site, as it now exists, is not good for the neighborhood.
He stated that this proposal is viable and would benefit most of
the neighborhood, except possibly one or two homes. He stated that
the report from the traffic consultant is that this would not
greatly affect the traffic flow. Councilman Schneider stated that
it seems to make sense to proceed with the rezoning, with the
stipulations, so the City has control.
MOTION by Councilman Schneider to waive the reading and approve the
ordinance upon first reading, with the following stipulations: (1)
the development shall be constructed in accordance with site plan
dated March 8, 1990, as represented in ZOA #90-02; (2) the
landscaping plan shall be revised to include: (a) six American
Lindens along the north lot line (b) xoney Locust trees shall be
replaced by Hackberry trees; and (c) Annabel Hydrangea species
shall be replaced with rosa rugose; (3) the petitioner shall pay
park dedication fees prior to issuance of the buildinq permit; (4)
� storm water management calculations shall be submitted prior to
issuance of the building permit; (5) all rooftop equipment shall
be screened from view from the public right-of-ways; (6) the
FRIDLEY CITY COUNCIL MEETING OF JIINE 18, 1990 PAGE 12
, petitioner shall obtain development contract approval from the
Housing and Redevelopment Authority; (7) the petitioner shall
� execute a maintenance agreement for the landscaping and parking
areas; (8) no automotive service uses, car sales, or other outdoor
repair/display uses shall be permitted; (9) the City shall have the
right to review each use within the center to determine whether or
not it is consistent with the intent of the Center City
Redevelopment Plan; (10) the site plan shall be revised to provide
one 18 foot entrance lane and two 12 foot exit lanes; (11) shared
parking and access easements shall be provided on the property for
LRT kiss-and-ride traffic, and specifically along the west and
south lot lines; (12) all lighting shall be shielded such that the
glare does not adversely affect residential properties; (13) all
parking and driving areas shall be lined with concrete curb; (14)
all dumpsters shall be screened in accordance with the City's
ordinance; (15) underground irrigation shall be provided to
landscaped areas; and (16) a comprehensive sign plan for free-
standing and wall signs shall be submitted for review and approval
by the City Council. Seconded by Councilwoman Jorgenson.
Councilwoman Jorgenson stated that she shared Councilman
Sahneider's concern about the buildings that now exist on this site
and that the problem will only get worse. She felt that this
rezoning allows the Council to take some action from causing the
� neighborhood any more harm. She stated that perhaps another
developer may wish to develop the site but may want to acquire more
homes which would further impact the neighborhood. Councilwoman
Jorgenson stated that this is a very difficult decision and hoped
the rezoning would change the neighborhood in a positive manner and
not a negative one.
Councilman Fitzpatrick stated that some development has to be
allowed and that it has been elaborated on in the public hearing.
He stated that there does not seem to be an answer to what type of
development should occur on this site. Commissioner McCarron�s
assurance has to be taken seriously that this site would not be
expanded in the near future for a park and ride facility.
MOTION by Councilman Billings to amend the above motion by adding
Stipulation No. 17 as follows: (17) the heating, ventilation,
air conditioning, and odor venting shall be designed with all
possible design features and equipment which is economically
available to eliminate to the qreatest extent possible any odor
emissions from the shopping center or its individual tenants.
Proper venting will be provided for all odors caused by the
shopping center or its individual tenants. Venting for specific
odor causing tenants such as restaurant or dry cleaning shall be
routed to the most westerly point of the shopping center building
before being released to the open air. Seconded by Councilman
1 Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
FRIDLEY CITY COUNCIL MEETING OF SUNB 18. 1990 PAGE 13
, UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, Councilman Schneider,
Councilwoman Jorgenson, Councilman Fitzpatrick and Mayor Nee voted
in favor of the motion. Councilman Billings voted against the
motion. Mayor Nee declared the motion carried by a 4 to 1 vote.
Councilman Billings requested that in the next two weeks, and prior
to a second reading of the ordinance, the developer contact the
property owners at 365 Mississippi Street and 370 - 66th Avenue to
try and reach a mutually acceptable agreement in regard to the
landscaping.
5. RESOLUTION NO. 34-1990 PROVIDING FOR WATER RATE CHANGE:
Mr. Rick Pribyl, Finance Director, stated that this resolution
would increase the water rates in the City. He stated that the
Council, staff, and some of the consultants discussed this issue
a number of times since last December. He stated that this process
started with the need for additional construction and repairs
necessary to provide a proper supply of water to property owners
of Fridley. He stated that these improvements were outlined in the
Capital Improvement Program.
Mr. Pribyl stated that various versions of water rates were
reviewed, and it was decided to proceed with a two-tier rate
' structure which would allow for a volume discount for the large
users that consume over 5,000,000 gallons per quarter. He stated
that the rate proposed provides for 0 to 5,D00,00o gallons to be
priced at .60/1D00 gallons and over 5,000,000 gallons to be priced
at .55/1000 gallons.
Mr. Pribyl stated that in arriving at this rate structure, the
rates were compared with surrounding communities, and it was found
that Fridley is extremely competitive. He stated that the increase
still provides for discounts for senior citizens and those who are
disabled. He stated that the first billing for this increase would
not be e££ective until October.
Councilman Fitzpatrick asked the effect of the increase for a
typical family residence.
Mr. Burns, City Manager, stated that if a customer uses 135,000
gallons per quarter, the increase would be about 5.13 percent.
Councilman Billings stated that he received two letters from
constituents questioning the rationale that large users have a five
cent decrease in the rate at a time when water conservation is an
issue.
Mr. Pribyl stated that large users are taking the brunt of the
� increase. Therefore, for those who consume 5,000,000 gallons or
over a five cent decrease was offered as it will have a greater
impact on these consumers than on the average resident.
FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 1990 PAGE 15
� Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
7, APPROVAL OF APPRAISAL AND RELOCATION CONSULTANT CONTRACT FOR
IVERSON PROPERTY IN THE RIVERVIEW HEIGHTS ACOUISITION PROJECT:
Ms. Dacy, Planning Coordinator, stated that the City will contract
with the Federal-State Relocation Consulting Service and C.R.
Pelton and Associates to assist with the relocation and appraisal
services for the Iverson property at 7899 Broad Avenue. She stated
that this agreement is similar to past agreements, and the cost of
the appraisal will be $600.00; reviewal of the appraisal will be
about $125.00; and the relocation consulting services approximately
$2,405.00.
MOTION by Councilman Fitzpatrick to approve the appraisal and
relocation consultant contract and authorize the Mayor and City
manager to enter into this agreement. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
8. APPROVAL OF JOINT POWERS AGREEMENT WITH ANOKA COUNTY FOR THE
ACOUISITION OF OPTICAL SCAN VOTE TABULATION EQUIPMENT:
� Mr. Pribyl, Finance Director, stated that this agreement relates
to the optical soan voting tabulation equipment. He stated that
the Council previously passed a resolution urging the County to
pursue the purchase of this equipment. He stated that this
equipment will be acquired through Unisys, and the joint powers
agreement assures the County that the City will participate and the
County will provide the election programming.
MOTTON by Councilwoman Jorgenson to authorize the Mayor and City
Manager to enter into this joint powers agreement for the
acquisition of optical scan vote tabulation equipment. Seconded
by Councilman Billings. Upon a voice vote, Councilwoman Jorgenson,
Councilman Billings, Councilman Fitzpatrick, and Mayor Nee voted
in favor of the motion. Councilman Schneider abstained from
voting. Mayor Nee declared the motion carried.
9. APPROVAL OF CHANGE ORDER NO. 2 FOR FLANERY PARK SHELTER
PROJECT NO. 206•
Mr. Flora, Public Works Director, stated that this change order is
requested for the installation of a one inch rather than a 3/4 inch
pipe for water service to the Flanery Park shelter building. He
stated that the length of this line, which is over 300 feet, may
cause pressure and volume problems with a 3/4 inch line, and there
is the potential that this water service would be used in
� conjunction with a future sprinkling system. He stated that this
change can be accomplished for an additional $300.00, and he is
requesting the Council authorize this change order.
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FRIDLEY CITY CQUNCIL MEETING OF JUNE 18. 1990 PAGE 16
MOTION by Councilman Schneider to authorize Change Order No. 2 for
$300.00 with Karlen Construction for Flanery Park Shelter Project
No. 206. 5econded by Councilman Billings. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
10. RESOLUTION NO. 36-1990 APPROVING PLAT, P.S. #90-02, MICHAEL
SERVETUS 2ND ADDITION:
MOTION by Councilman Billings to adopt Resolution No. 36-1990.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carriefl unanimously.
11. RESOLUTION NO. 37-1990 ORDERING PRELIMINARY PLANS,
SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: STREET
IMPROVEMENT PROJECT NO. ST. 1990 - 3:
MOTION by Councilman Fitzpatrick to adopt Resolution No. 37-1990.
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
12. RESOLUTION NO. 38-1990 RECEIVING THE PRELIMINARY REPORT AND
RECEIVING PETITIONS TO WAIVE THE PUBLIC HEARING ON THE MATTER
OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET
IMPROVEMENT PROJECT NO. ST. 1990 - 3:
MOTION by Councilman Fitzpatrick to adopt Resolution No. 38-1990.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
13. RESOLUTION NO. 39-1990 ORDERING IMPROVEMENT AND FINAL PI�NS
AND SPECIFiCATIONS AND ESTIMATES OF COSTS THEREOF: STREET
IMPROVEMENT PROJECT NO. ST. 1990 - 3:
MOTION by Councilman Billings to adopt Resolution No. 39-1990.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
14. RESOLUTION NO. 40-1990 ORDERING IMPROVEMENT AND APPROVAL OF
PLANS AND ORDERING ADVERTISEMENT FOR BIDS: STREET IMPROVEMENT
PROJECT NO. ST. 1990 - 3:
MOTION by Councilman Fitzpatrick to adopt Resolution No. 40-1990.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
15. RESOLUTION NO. 41-1990 ORDERING PRELIMINARY PLANS.
5PECIFICATIONS AND E5TIMATES OF THE COSTS THEREOF: WATER.
5ANITARY SEWER & STORM SEWER PROJECT NO. 210:
MOTION by Councilman Billings to adopt Resolution No. 41-1990.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
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FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 1990 PAGE 17
16. RESOLUTION NO. 42-1990 RECEIVING THE PRELIMINARY REPORT AND
RECEIVING PETITIONS AND WAIVING THE PUBLIC HEARING ON THE
MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: WATER.
SANITARY SEWER & STORM SEWER PROJECT NO. 210:
MOTION by Councilman Billings to adopt Resolution No. 42-1990.
Seconded by Councilman Schneider. IIpon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
17. RESOLUTION NO. 43-1990 ORDERING IMPROVEMENT AND FINAL PLANS
AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: WATER.
SANITARY SEWER AND STORM SEWER PROJECT NO. 210:
MOTION by Councilman Fitzpatrick to adopt Resolution No. 43-1990.
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
18. RESOLUTIQN NO. 44-1990 QRDERING IMPROVEMENT. APPROVAL OF PLANS
AND ORDERING ADVERTISEMENT FOR BIDS: WATER, SANITARY SEWER &
STORM SEWER PROJECT NO. 210:
MOTION by Councilman Billings to adopt Resolution No. 44-1990.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee deolared the motion carried unanimously.
19. APPOINTMENTS: CITY EMPLDYEES:
MOTION by Councilman Billings to
appointments by the City Manager:
Name
Mary
Smith
Douglas
Himango
Bruce
Koop-
meiners
Position
Assessment
Clerk
Grade D
Step 2
Non-exempt
Public
Services
Worker
A-1
Non-exempt
Public
Services
Worker
A-1
Non-exempt
Starting
Salarv
$9.49
per hour
$19,815.12
per year
$9.62
per hour
$20,086.56
per year
$9.62
per hour
$20,086.56
per year
concur with the following
Starting
Date
June 19,
1990
June 19,
1990
June 20,
1990
Reolaces
Ferne
McCarthy
James
Brindley
Chester
Swanson
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FRIDLEY CITY COUNCIL MEETING OF JIINE 18, 1990 PAGE 18
Name
Jeffrey
Potter
Position
Police
Officer
Partial-
exempt
Starting
Salarv
$1,932.00
per month
$23,184.00
per year
Starting
Date
June 19,
1990
ReAlaces
Robert
Friegang
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
20. CLAIMS•
MOTION by Councilman Fitzpatrick to authorize payment of Claims No.
32380 through 32647. Seconded by Councilman Schneider. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
21. LICENSES:
MOTION by Councilman Billings to approve the licenses as submitted
and as on file in the License Clerk's office. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
22. ESTIMATES•
MOTION by Councilman Fitzpatrick to approve the estimates as
submitted:
AEC Engineers & Designers
511 - llth Avenue South
Minneapolis, MN 55415
1. Phase I- 3 MG Concrete
Reservoir Repair Project
No. 192
(Inspection Services)
Partial Estimate. . . .
2. 1.5 MG Concrete Reservoir
Repair Project No. 193
(53rd Avenue and Johnson Street)
(Inspection Services)
Partial Estimate. . . . . . . .
. $ 1,837.00
$ 2,000.00
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FRIDi8Y CITY COIINCIL MEETING OF JUNE 18, 1990 PAGE 19
Gammon Bros., Inc.
13845 Northdale Boulevard
Rogers, MN 55374
Street Improvement Project
No. ST. 1989 - 1& 2
Estimate No. 16 . . . . . . . . . . . . . . . $34,347.49
Walbon Lawn Maintenance
3225 Skycroft Drive
St. Anthony, MN 55418
Corridor Maintenance
Project No. 199
Estimate No. 2 . . .
Modern Heating & Air Conditioning, Inc.
2318 First Street N.E.
Minneapolis, MN 55418
$ 4�342.86
Firearms Range
Pay Application No. 4. . . . . . . . . . . . $ 2,295.00
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
AA70URNMENT•
MOTION by Councilman Schneider to adjourn the meeting. Seconded
by Councilwoman Jorgenson. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously and the Regular
Meeting of the Fridley City Council of June 18, 199D adjourned at
9:47 p.m.
Respectfully submitted,
�(i2-(.a�CC� ��v�� G"`-�s�.y�
Carole Haddad
Secretary to the City Council
Approved:
W,�.-� �
William J. Nee
Mayor